Search | Punch and Jurists

U.S. v. Mitchell, No. CR.A. 96-407-1 (E.D.Pa.) (199 F.Supp.2d 262) (April 9, 2002) (Judge J. Curtis Joyner)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Mitchell, No. CR.A. 96-407-1 (E.D.Pa.) (199 F.Supp.2d 262) (April 9, 2002) (Judge J. Curtis Joyner) by Some six months prior to this decision, Judge Milton Pollack of the E.D.Pa. set off a maelstrom when he issued two controversial and highly publicized decisions about the admissibility of fingerprint identification …

Kirk v. Louisiana, No. 01-8419 (U.S. Supreme Court) (536 U.S. 635; 122 S.Ct. 2458) (June 24, 2002) (Per Curiam)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Searches - Home/Curtilage

Kirk v. Louisiana, No. 01-8419 (U.S. Supreme Court) (536 U.S. 635; 122 S.Ct. 2458) (June 24, 2002) (Per Curiam) by In an era when exceptions and inroads to the sanctity of the Fourth Amendment’s protections have become commonplace, this brief per curiam order shows that the Supreme Court at least …

U.S. v. Fisher, No. 01-11320 (11th Cir.) (289 F.3d 1329) (May 2, 2002) (Judge Richard Mills)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Fisher, No. 01-11320 (11th Cir.) (289 F.3d 1329) (May 2, 2002) (Judge Richard Mills) by This case is noted for its rejection of numerous challenges to convictions under the Analogue Act (18 USC § 813) for unlawful possession and use of gamma-butyrolactone (GBL) - commonly referred to as …

U.S. v. Ruiz, No. 01-595 (U.S. Supreme Court) (536 U.S. 622; 122 S.Ct. 2450) (June 24, 2002) (Justice Breyer)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ruiz, No. 01-595 (U.S. Supreme Court) (536 U.S. 622; 122 S.Ct. 2450) (June 24, 2002) (Justice Breyer) by The origins of this decision was a ruling by the Ninth Circuit that challenged the validity of a standard provision in plea agreements that requires the defendant to waive her …

U.S. v. Cross, No. 01-2720 (7th Cir.) (289 F.3d 476) (May 10, 2002) (Judge Terrence T. Evans)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Cross, No. 01-2720 (7th Cir.) (289 F.3d 476) (May 10, 2002) (Judge Terrence T. Evans) by Here the Court held that, on some issues, the Guidelines replace a sentencing judge's reasoning about a defendant's past conduct and his future likelihood of recidivism; and here the court crossed that …

Castro v. U.S., No. 01-12181 (11th Cir.) (290 F.3d 1270) (May 7, 2002) (Judge Charles R. Wilson)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists

Castro v. U.S., No. 01-12181 (11th Cir.) (290 F.3d 1270) (May 7, 2002) (Judge Charles R. Wilson) by Pro se petitioner inmate was convicted of drug offenses and asserted that he received ineffective assistance of counsel. The inmate appealed the order of the United States District Court for the Southern …

Visciotti v. Woodford, No. 99-99031 (9th Cir.) (288 F.3d 1097) (April 24, 2002) (Judge Various)

Article • June 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Visciotti v. Woodford, No. 99-99031 (9th Cir.) (288 F.3d 1097) (April 24, 2002) (Judge Various) by Petitioner inmate was convicted of murder, attempted murder, and robbery and was sentenced to death, but the inmate asserted that his counsel was ineffective. The inmate and respondent custodial official cross-appealed the decision of …

Cofske v. U.S., No. 00-2479 (1st Cir.) (290 F.3d 437) (May 13, 2002) (Judge Michael Boudin)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists

Cofske v. U.S., No. 00-2479 (1st Cir.) (290 F.3d 437) (May 13, 2002) (Judge Michael Boudin) by

U.S. v. Wahl, No. 01-3063 (D.C. Cir.) (290 F.3d 370) (May 17, 2002) (Judge David B. Sentelle)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Wahl, No. 01-3063 (D.C. Cir.) (290 F.3d 370) (May 17, 2002) (Judge David B. Sentelle) by Here the D.C.Circuit joined with the Fifth and Sixth Circuits in holding that the "in furtherance of" language contained in 18 USC § 924(c)(1)(A) requires more than mere possession of the gun; …

U.S. v. Rahmani, No. CR01-209-RMT (C.D.Cal.) (209 F.Supp.2d 1045) (June 21, 2002) (Judge Robert M. Takasugi)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label

U.S. v. Rahmani, No. CR01-209-RMT (C.D.Cal.) (209 F.Supp.2d 1045) (June 21, 2002) (Judge Robert M. Takasugi) by Here the Court dismissed an indictment filed against 7 alleged terrorists, on the grounds that the 1996 law underlying the indictment was unconstitutional on its face since it provided the organization no notice …

U.S. v. Williams, No. 01-3104 (8th Cir.) (288 F.3d 1079) (April 30, 2002) (Judge Morris Sheppard Arnold)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Williams, No. 01-3104 (8th Cir.) (288 F.3d 1079) (April 30, 2002) (Judge Morris Sheppard Arnold) by With the help of a cooperating witness, the FBI was conducting an ongoing investigation into the sale of cocaine base in Arkansas. Because its own witness was confused about the identity of …

U.S. v. Diaz, No. 00-2188 (8th Cir.) (296 F.3d 680) (July 11, 2002) (Judge Roger L. Wollman)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Diaz, No. 00-2188 (8th Cir.) (296 F.3d 680) (July 11, 2002) (Judge Roger L. Wollman) by The two defendants in this case were convicted of a number of drug and related crimes and they were sentenced to terms of imprisonment of 360 months and 262 months, respectively, based …

U.S. v. Smith, No. 00-15777 (11th Cir.) (289 F.3d 696) (April 23, 2002) (Judge Frank May Hull)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Smith, No. 00-15777 (11th Cir.) (289 F.3d 696) (April 23, 2002) (Judge Frank May Hull) by District court erroneously departed downward in sentencing defendant after a drug conspiracy conviction, where departures for factual circumstances (defendant's criminal history, diminished capacity, and disparity of other suspects' sentences) were inappropriate as …

Payne v. U.S., No. 00-20107 (5th Cir.) (289 F.3d 377) (May 7, 2002) (Judge George P. Kazen)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Tax Returns

Payne v. U.S., No. 00-20107 (5th Cir.) (289 F.3d 377) (May 7, 2002) (Judge George P. Kazen) by Here, the Fifth Circuit addressed a Government appeal of Judge Gilmore's award of damages resulting from the IRS' unauthorized disclosures of the plaintiff's confidential tax information (reported at 91 F.Supp.3d 1014). The …

Curtis v. U.S., No. 01-2826 (7th Cir.) (294 F.3d 841) (June 19, 2002) (Judge Frank H. Easterbrook)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists

Curtis v. U.S., No. 01-2826 (7th Cir.) (294 F.3d 841) (June 19, 2002) (Judge Frank H. Easterbrook) by In this case the Court held that where a jury did not find beyond a reasonable doubt the minimum quantity of marijuana to support a maximum sentence, but that finding was made …

Benny v. U.S. Parole Com'n, No. 00-16867 (9th Cir.) (295 F.3d 977) (July 2, 2002) (Judge Robert R. Beezer)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Hearings

Benny v. U.S. Parole Com'n, No. 00-16867 (9th Cir.) (295 F.3d 977) (July 2, 2002) (Judge Robert R. Beezer) by The U.S. Parole Commission's jurisdiction over a parolee is not automatically terminated under 18 U.S.C. § 4211(c)(1), if five years on parole release elapse without an early termination decision, but …

U.S. v. Clifford, No. Crim.01-435-A (E.D.Va.) (197 F.Supp.2d 516) (April 23, 2002) (Judge Thomas Selby III Ellis)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Drug Mixtures/Purity

U.S. v. Clifford, No. Crim.01-435-A (E.D.Va.) (197 F.Supp.2d 516) (April 23, 2002) (Judge Thomas Selby III Ellis) by Here the Court vacated the convictions of three defendants who had pled guilty to a conspiracy to possess and distribute ecstacy, but who actually only sold a harmless mixture of vitamins, since …

U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (196 F.Supp.2d 416) (April 25, 2002) (Judge Jed S. Rakoff)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (196 F.Supp.2d 416) (April 25, 2002) (Judge Jed S. Rakoff) by Here Judge Rakoff declared his tentative decision to grant defendants' motion to dismiss the death penalty aspects of this case on the ground that the Federal Death Penalty Act, 18 …

U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (205 F.Supp.2d 256) (July 1, 2002) (Judge Jed S. Rakoff)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Federal Death Penalty Act

U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (205 F.Supp.2d 256) (July 1, 2002) (Judge Jed S. Rakoff) by Here Judge Rakoff held that the Federal Death Penalty statute (18 USC § 3591-98) was unconstitutional because it violates due process due to the “undue risk of executing innocent people” …

Diaz v. Paul J. Kennedy Law Firm, No. 01-2103 (10th Cir.) (289 F.3d 671) (May 14, 2002) (Judge Monroe G. McKay)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Fiduciaries/Fiduciary Duties

Diaz v. Paul J. Kennedy Law Firm, No. 01-2103 (10th Cir.) (289 F.3d 671) (May 14, 2002) (Judge Monroe G. McKay) by Here the Court affirmed the grant of a summary judgment motion in favor of a law firm sued by former clients in a criminal case, holding, inter alia, …